AUTOMATED VENDING TECHNOLOGIES (AVT), INC. f/k/a AMERICAN HOT FOOD SYSTEMS 1A - 2006

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A- 2006 -114 FIRST AMENDMENT TO VENDING AGREEMENT THIS AMENDMENT, made and entered into this 17th day of May, 2006, by and between American Hot Foods, Inc., a California corporation ( "American Hot Foods ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into that certain agreement entitled "Vending Agreement Between the City of Santa Ana and American Hot Foods" dated April 1, 2005, hereinafter referred to as "said Agreement ", for the provision of vending machines at City owned and operated parks and recreational facilities ( "the Premises "). B. The parties hereto desire to amend the number of vending machines, locations of said machines by adding The Depot at Santa Ana to the Premises, and to add the Community Development Agency to the parties having responsibilities and rights under said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereby agree as follows: Section 4 of said Agreement shall be amended to include the Executive Director of the Community Development Agency along with the Executive Director of Parks, Recreation and Community Services Agency, as to vending machine locations to be added at The Depot at Santa Ana. Any references to "Executive Director" shall be amended to include the Executive Director of the Community Development Agency ( "CDA "). Section 6 shall be amended to include vending machine locations at The Depot, which locations shall be determined by the Executive Director of CDA, and said locations shall be included on the Placement List of said Agreement. There are up to nine (9) proposed locations for vending machines to be added by CDA over the term of the Agreement, with no minimum numbers. Said locations may be changed in the discretion of the Executive Director of CDA and American Hot Foods. Section 12 (NOTICE) shall be amended to include notice to the Community Development Agency at 20 Civic Center Plaza (M -25), Santa Ana, California 92702. 4. Except as hereinabove modified, the terms and conditions of the Agreement remain in full force and effect.